Written Answers Monday 30 January 2006

Scottish Executive

Agriculture

Alex Fergusson (Galloway and Upper Nithsdale) (Con): To ask the Scottish Executive whether it plans to cease the annual briefing with members of the Guild of Agricultural Journalists which it has traditionally held to mark the publication of the farm income figures and, if so, for what reasons.

Ross Finnie: The Scottish Executive will be holding its annual briefing with the members of the Guild of Agricultural journalists on Tuesday 31 January at 9.30am.

Carers

Mr John Swinney (North Tayside) (SNP): To ask the Scottish Executive what consideration it has given to the report, Care 21: Exploring the Future of Unpaid Care in Scotland .

Lewis Macdonald: We are currently carefully considering the report and its recommendations. I will respond formally to the report in the spring, as I indicated I would do at the time of publication. As part of our consideration we are engaging with key stakeholders in order to inform our response and also to identify priorities for action.

Carers

Mr John Swinney (North Tayside) (SNP): To ask the Scottish Executive what progress has been made in improving support to, and services for, young carers since the parliamentary debate on 27 October 2004.

Mr John Swinney (North Tayside) (SNP): To ask the Scottish Executive what progress has been made in improving support to, and services for, young carers since the current Deputy Minister for Education and Young People and Deputy Minister for Health and Community Care were appointed.

Lewis Macdonald: We have made good progress in various ways since October 2004. The introduction of the Education (Additional Support for Learning) (Scotland) Act 2004 and the involvement of carer organisations in the associated guidance has helped to improve support to young carers. The Executive commissioned a Mori poll to help identify the number of young carers and their level of caring. That poll was undertaken in schools early in 2005, and the report was published on 7 September.

  Last year, the Executive commissioned a major study on the future of unpaid care in Scotland. I announced the publication of the results of that study in September and subsequently discussed it with carers organisations. The report looked specifically at young carers and includes a recommendation relating to the development of a national young carers strategy and the creation of a national forum for young carers. We are presently liaising with key stakeholders to scope the report’s 22 recommendations, including those on young carers, and I will respond to the report in the spring.

Community Safety

Mr Duncan McNeil (Greenock and Inverclyde) (Lab): To ask the Scottish Executive to what projects in the Inverclyde area it has allocated funds under the Community Safety Award Programme.

Hugh Henry: The Scottish Executive allocates Community Safety Award Programme funding under a three-year action plan. In the period 2005-08 Inverclyde Community Safety Partnership (ICSP) is using the funding to contribute to a problem solving unit, improve and develop services to meet the demands of people who are likely to be victims of incidents and accidents, and provide services for families experiencing violence within the home.

  In the period 2002-05 ICSP used Community Safety Award Programme to fund initiatives such as: employing a New Start development worker to work with young people in the earliest stages of antisocial behaviour and substance misuse; employing a domestic abuse co-ordinator, and expanding the Living Safely initiative to all vulnerable residents in Inverclyde through the provision of additional home security information and advice.

Crime

Miss Annabel Goldie (West of Scotland) (Con): To ask the Scottish Executive, further to the answer to question S2W-17682 by Cathy Jamieson on 26 July 2005 and taking into account the new method of publishing crime statistics, how many (a) crimes and (b) offences were recorded in each financial year since 1950-51.

Cathy Jamieson: To convert the recorded crime data from calendar year to financial year requires quarterly data. This is only available centrally from the beginning of 1995. Prior to 1995 the data is stored in aggregate form for complete calendar years.

  The numbers of crimes and offences for financial year 1995-96 onwards are given in tables 1 and 2 of the statistical bulletin Recorded Crime in Scotland, 2004-05, copies of which are available in the Scottish Parliament Information Centre (Bib. number 37835). This publication also analyses the impact upon the recorded crime figures of the Scottish Crime Recording Standard, introduced from 1 April 2004.

Dentistry

Derek Brownlee (South of Scotland) (Con): To ask the Scottish Executive what assessment it has made of the impact on dental treatment of the suspension of production of Xylocaine® and Citanest® by Dentsply International Inc.

Lewis Macdonald: The Executive is monitoring the situation, but has not at this stage undertaken a formal impact assessment.

  Alternative supplies of these products are currently available through Septodont and further suppliers are also being sought by DENTSPLY International Inc.

  The Scottish Executive will continue to monitor the supply of local anaesthetic to the UK and Scottish markets and will review the need for an impact assessment.

Dentistry

Derek Brownlee (South of Scotland) (Con): To ask the Scottish Executive what action it has taken, or plans to take, following the suspension of production of Xylocaine® and Citanest® by Dentsply International Inc.

Lewis Macdonald: The Scottish Executive has notified National Procurement, the current contract holder for the supply of dental products to salaried and hospital dental services, of this issue.

  The Executive will link with the UK Department of Health to monitor the efforts of DENTSPLY International Inc. to source alternative suppliers of dental local anaesthetic to the UK market.

Dentistry

Richard Lochhead (North East Scotland) (SNP): To ask the Scottish Executive what the median waiting times for a first out-patient appointment with an orthodontic consultant following referral by an NHS hospital have been in each of the last five years.

Lewis Macdonald: NHSScotland has made excellent progress in reducing long waits for patients. On 30 September 2005, the number of patients waiting more than 26 weeks for a first out-patient appointment with consultant in dental specialties, including orthodontics, following referral, was 1,188 compared with 5,031 on 31 December 2004 - a reduction of 76%.

  Information on the median waiting times for a first out-patient appointment with an orthodontic consultant, following referral, by NHS dental or district general hospital or local community hospital, in the years ended 30 September 2001 to 2005, has been placed in the Scottish Parliament Information Centre (Bib. number 38745).

Dentistry

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Executive how many NHS dentists or dental surgeries have closed their lists to NHS patients in (a) Tayside, (b) Fife and (c) the Highlands in 2005-06.

Lewis Macdonald: This information is not collected centrally. Dentists are not obliged to advise NHS boards if they are accepting or have stopped accepting new NHS patients.

Dentistry

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Executive how many NHS dentists or dental surgeries in (a) Tayside, (b) Fife and (c) the Highlands (i) still have NHS patients on their lists and (ii) operate on a private or Denplan basis only.

Lewis Macdonald: Information on the number of dental practices with NHS patients registered is provided in the table. Information on dental practices that operate exclusively on a private or Denplan basis only is not available.

  Number of Dental Practices with NHS Patients Registered at 31 March 2005

  

 NHS Board Area
 Number of Practices1


 Tayside
 81


 Fife
 57


 Highland
 54 



  Source: MIDAS (Management Information and Dental Accounting System).

  Note: 1. This analysis excludes NHS general dental practices that limit their practice to orthodontics and emergency practices, as these practices do not register patients.

Dentistry

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Executive how many people are registered with a dentist or dental surgery, on a private or NHS basis, in (a) Tayside, (b) Fife and (c) the Highlands, expressed as a percentage of the population in each of these areas.

Lewis Macdonald: Information on the number of patients registered with an NHS dentist is provided in the table. Information on patients registered with a dentist on a private basis is not available.

  Number of Patients Registered with an NHS General Dentist at 31 March 2005

  

 NHS Board Area
 Number of Patients Registered
 Percentage of Population Registered1


 Tayside
 227,083
 59%


 Fife
 178,336
 50%


 Highland
 72,313
 34%



  Sources: MIDAS (Management Information and Dental Accounting System), GROS (General Register Office for Scotland).

  Note: 1. Based on mid-year 2004 population figures.

Dentistry

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Executive where the dental records of patients previously, but no longer, registered with an NHS dentist or dental surgery are held and for how long.

Lewis Macdonald: Dental records are the property of the dentist. The dental records of patients previously, but no longer, registered with a dentist under NHS will therefore remain in the dentist’s possession. Under their NHS terms of service dentists are required to retain records for a period of two years after completion of any course of treatment.

Education

Fiona Hyslop (Lothians) (SNP): To ask the Scottish Executive whether it will consider supplying past national exam papers to school pupils, either in paper form or via the internet, without charging a fee.

Fiona Hyslop (Lothians) (SNP): To ask the Scottish Executive what the cost would be of supplying past national exam papers free of charge to exam candidates.

Peter Peacock: The production and distribution of exam papers is an operational matter for the Scottish Qualifications Authority (SQA). I have asked Anton Colella, the Chief Executive of SQA, to reply directly to you.

Emergency Services

Derek Brownlee (South of Scotland) (Con): To ask the Scottish Executive what progress has been made in delivering efficiency savings in the fire service, broken down by fire board.

Hugh Henry: A breakdown of efficiency savings by fire and rescue authority is not held centrally. We will be working with authorities to establish how details of savings achieved by individual authorities can best be recorded and collated. The Scottish Executive has taken a number of significant steps – such as the Fire (Scotland) Act 2005, the introduction of Integrated Risk Management Plans, and the strategic guidance set out in the Fire and Rescue Framework for Scotland 2005 – to create the conditions in which the Fire and Rescue Service has the flexibility to operate more effectively and efficiently.

  Areas where potential efficiency savings could be made on a Scotland-wide basis have been set out in Scottish Executive Efficiency Technical Notes, available at:

  http://www.scotland.gov.uk/Publications/2005/09/0895455/54558.

Emergency Services

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive how many (a) police officers and (b) firefighters have worked extra hours in each year since 1999, broken down by local authority area.

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive how many extra hours have been worked by (a) police officers and (b) firefighters in each year since 1999, broken down by local authority area.

Cathy Jamieson: This information is not held centrally.

  The operational requirement for overtime is a matter, in the first instance for, the Chief Constable or the Chief Fire Officer.

Enterprise

Richard Lochhead (North East Scotland) (SNP): To ask the Scottish Executive whether any assessment has been made of the availability of seed capital for small and medium-sized companies and, if so, what the findings were of the assessment.

Nicol Stephen: A detailed report on the investment market in Scotland is being published by Scottish Enterprise today. Copies of the report are available from the Scottish Parliament Information Centre (Bib. number 38742).

Enterprise

Richard Lochhead (North East Scotland) (SNP): To ask the Scottish Executive what measures have been implemented since 1999 to (a) provide and (b) promote or encourage the provision of seed capital to small and medium-sized companies.

Nicol Stephen: The delivery of business support is mainly a matter for Scottish Enterprise and Highlands and Islands Enterprise. Within the range of business support provided by the enterprise networks, initiatives such as the Business Growth Fund and Scottish Co-investment Fund directly support equity investment in new and early stage businesses.

Enterprise

Richard Lochhead (North East Scotland) (SNP): To ask the Scottish Executive what assessment has been made of the availability of long-term debt and equity facilities for small and medium-sized companies.

Nicol Stephen: The Scottish Executive keeps the availability of business finance under regular review, drawing on a range of sources. For example, an analysis of the equity market in Scotland is today published by Scottish Enterprise, and is available in the Scottish Parliament Information Centre (Bib. number 38742).

Enterprise

Richard Lochhead (North East Scotland) (SNP): To ask the Scottish Executive what steps have been taken since 1999 to (a) provide and (b) promote or encourage the provision of long-term debt and equity facilities for small and medium-sized companies.

Nicol Stephen: The delivery of business support is mainly a matter for Scottish Enterprise and Highlands and Islands Enterprise. A number of measures have been introduced to improve the provisions of finances for small and medium-sized companies, including the Business Growth Fund and the Scottish Co-investment Fund. The Small Firms Loan Guarantee scheme, which operates on a UK basis, has also recently adopted a number of changes, identified in a recent review, to improve the access to loan funding.

Enterprise

Richard Lochhead (North East Scotland) (SNP): To ask the Scottish Executive what measures have been implemented since 1999 to enable Scottish Enterprise to work with venture capital funds and banks to create higher levels of long-term industrial investment in Scotland.

Nicol Stephen: Scottish Enterprise works closely with the financial community, including venture capital funds and banks, to assess the investment market in Scotland. This has led to initiatives such as the Business Growth Fund and the Scottish Co-investment Fund being introduced. Further work is underway looking at equity investment provision above the £2 million level.

Enterprise

Richard Lochhead (North East Scotland) (SNP): To ask the Scottish Executive what measures designed to help small and medium-sized companies to break into export markets have been introduced since 1999.

Nicol Stephen: The Scottish Executive provides a wide range of support to small and medium-sized enterprises (SMEs) as they work to break into export markets.

  Specific measures introduced since 1999 to improve the service to business include:

  Bringing together Scottish Trade International and Locate in Scotland in 2001 to create Scottish Development International (SDI), and by doing so strengthening the resources available to Scottish companies to target overseas partners;

  Creating a one-stop shop for advice about global markets in the form of local Business Gateway International partnerships;

  Simplifying the range of international business services available, and

  Developing the Globalscot network of over 850 influential business people around the world willing to help Scottish companies.

Enterprise

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it will provide a list of the monies it, or any of its agencies, have paid to the (a) Confederation of British Industry, (b) Institute of Directors, (c) Scottish Council (Development and Industry), (d) Federation of Small Businesses, (e) Forum for Private Business and (f) Scottish Chambers of Commerce in (i) 2003-04, (ii) 2004-05 and (iii) 2005-06, showing the purposes for which the funds were paid.

Nicol Stephen: On the basis of information held on the Scottish Executive Accounting System (SEAS), I can confirm that no monies were paid by the Executive or its agencies to the Institute of Directors, the Scottish Chambers of Commerce and the Forum of Private Business during the financial years 2003-04, 2004-05 and 2005-06 (to date). The information requested for The Confederation of British Industry, the Federation of Small Business and the Scottish Council for Development and Industry is provided in the document entitled SEAS record of monies paid by the Scottish Executive and its agencies to business organisations for the financial years 2003-04, 2004 - 05, and 2005-06 (to date) . A copy of this document has been placed in the Scottish Parliament Information Centre (Bib. number 38674).

Health

Margaret Smith (Edinburgh West) (LD): To ask the Scottish Executive whether there has been a rise in the number of deformational plagiocephaly cases reported among newborn babies since the advent of the "Back to Sleep" campaign and how the prevention and treatment of such cases might be improved without jeopardising the message that cot death numbers are greatly reduced when babies sleep on their backs.

Lewis Macdonald: The information requested is not centrally available for all years or all areas within Scotland. However, the following table details, for those 10 NHS board areas available, the number and recorded rates of plagiocephaly for children born between 1995 and 2004

  I refer the member to the answer to question S2W-22262 on 27 January 2006. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

  Recorded Cases of Plagiocephaly Within the Child Health Surveillance Pre-School System: Children Born Between 1995-2004

  

 Year of Birth
 No of Children Seen at 6-8 Weeks1
 Number Identified with Plagiocephaly by 9 Months Old2
 Number per 10,000 Children Seen at 6-8 Weeks


 1995
 28,446
 92
 32.3


 1996
 37,282
 115
 30.8


 1997
 41,476
 158
 38.1


 1998
 43,707
 169
 38.7


 1999
 42,130
 127
 30.1


 2000
 41,195
 157
 38.1


 2001
 41,665
 190
 45.6


 2002
 40,994
 163
 39.8


 2003
 41,942
 145
 34.6


 2004
 43,133
 149
 34.5



  Source: CHSP-PS, ISD Scotland, August 2005.

  Notes:

  1. The number of children who received a six to eight week review has been used to estimate the rate per 10,000 children

  2. Includes children who received a first visit, six to eight week, eight to nine month, or an unscheduled review when the child was nine months old or less.

Hepatitis C

Brian Adam (Aberdeen North) (SNP): To ask the Scottish Executive what its reasons were for opposing a request to cap expenses in a court case brought recently by relatives of sufferers of hepatitis C who allegedly contracted the virus as a result of administration of contaminated blood products and subsequently died.

Mr Andy Kerr: The motion for a protective costs order to cap expenses in the court cases that the member refers to was opposed on the grounds that there was no basis in Scots law for such an order and it was not established that the petitioners in this case needed protection in addition to the normal access to legal aid.

  The judge’s decision was that such an order would be competent but that it would not be appropriate to make such an order in this case.

Housing

Mr Andrew Welsh (Angus) (SNP): To ask the Scottish Executive what information it holds regarding the rate of resale of homes in each of the last five years.

Malcolm Chisholm: The following table provides an estimate of the number of resales of homes in each year in the five years to 2004-05, together with its derivation, which is described in more detail below.

  Information on the total number of sales of residential properties is taken from a database of sales compiled by Registers of Scotland. The analysis excludes sales with a value of less than £20,000 and over £1 million, and also aims to exclude non-market sales. Analyses from the Registers of Scotland database cannot distinguish sales of newly constructed properties.

  The table also shows the number of private sector new houses completed in each year. While not all private sector houses completed in a year will be sold in that year, subtracting the total number of private sector houses completed from the total number of sales will give a reasonable estimate of the number of resales in the year.

  

 Year
Number of Sales (000)
 Number of Private Sector Houses Completed
 Estimated Number of Resales


 2000-011
 115.5
 18.0
 97.5


 2001-02
 119.8
 18.0
 101.8


 2002-03
 126.6
 18.5
 108.1


 2003-04
 130.3
 20.0
 110.3


 2004-05
 128.9
 22.1
 106.8



  Source: Number of sales – Registers of Scotland.

  Notes:

  1. Includes an estimate for April 2000.

  New private sector houses completed - Housing statistics returns from councils.

Information Technology

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive whether the community of Ewes, near Langholm, will be broadband-enabled by Spring 2006.

Nicol Stephen: We are aware there are still households within some communities that are out of reach of broadband, such as those in Ewes. With the help of independent technical advice, we are currently considering potential solutions. We will first outline our approach to this problem, with delivery of individual solutions following later in 2006-07. In the meantime, I would encourage anyone in the Ewes area who is affected to contact the Executive’s telecommunications policy team to ensure their needs are recorded.

Justice

David McLetchie (Edinburgh Pentlands) (Con): To ask the Scottish Executive how many warning letters have been issued by procurators fiscal in each of the last five years, broken down by category of alleged crime.

Colin Boyd QC: The Crown Office and Procurator Fiscal Service’s Case Management Database records all the charges against each accused person in terms of the specific common law or statutory offence that is alleged to have been committed. Charge information is held at this detailed level in order to meet the Department’s business needs in relation to the processing of criminal reports. It is not grouped into categories of crimes/offences.

  The total number of cases closed by Procurators Fiscal by the issue of a warning in each year since 2000-01 was as set out in the table below.

  Cases Closed By Issue Of Warning

  

 Year
 2000-01
 2001-02
 2002-03
 2003-04
 2004-05


 No. of Cases
 18,641
 19,339
 15,928
 21,920
 32,150



  While it is not possible to provide information in relation to broad categories of offence, the table below lists the more common charges reported in the last 3 financial years for persons issued with a warning.

  Charge Frequencies: Warnings

  

 Crime/Offence 
 Description of Offence
 2002-03
 2003-04
 2004-05


 Breach of the Peace
 Breach of the peace
 7,050
 8,884
 11,295


 Local Government (Scotland) Act 1973, S201,202&203
 Consuming alcohol in a designated public place
 2,856
 3,899
 5,628


 Misuse of Drugs Act 1971, S5(2)
 Possession of controlled drug
 2,101
 2,842
 3,804


 Assault
 Assault
 1,644
 2,042
 3,069


 Theft by shoplifting
 Theft by shoplifting
 1,547
 1,893
 2,409


 Civic Government (Scotland) Act 1982, S47
 Urinating/Defecating
 1,071
 1,671
 1,874


 Criminal Law (Consolidation) (Scotland) Act 1995, S52(1)&(3)
 Vandalism
 554
 746
 1,066


 Communications Act 2003, S363(2)&(4)
 Using/installing TV receiver without licence
 0
 0
 687


 Theft
 Theft
 399
 504
 679


 Civic Government (Scotland) Act 1982, S50(1)
 Drunk and incapable
 471
 670
 495


 Road Traffic Act 1988, S14(3)
 Driver failure to wear seatbelt
 230
 237
 472


 Road Traffic Act 1988, S3
 Careless driving (non fatal accident)
 301
 377
 413


 Wireless Telegraphy Act 1949, S1(1)
 Using TV without licence
 279
 971
 377


 Road Traffic Act 1988, S47(1)
 No MOT
 344
 361
 357


 Police (Scotland) Act 1967, S41(1)(a)
Resisting, obstructing, molesting or hindering a police officer
 193
 233
 326


 Environmental Protection Act 1990, S87(1)
 Littering
 126
 203
 281


 Attempt to Pervert the Course of Justice
 Attempt to pervert course of justice
 150
 225
 239


 Police (Scotland) Act 1967, S41(1)(a)
 Resisting, obstructing, molesting or hindering a police officer
 133
 146
 215


 Assault to Injury
 Assault to injury
 156
 164
 203


 Vehicle Excise and Registration Act 1994, S29
 Keeping vehicle with no vehicle excise licence
 8
 161
 182


 Road Traffic Act 1988, S42(a)
 Causing and permitting vehicle to stand on road so as to cause an unnecessary obstruction
 50
 167
 178


 Communications Act 2003, S127(1)(a)
 Sending offensive, indecent, obscene, menacing message
 0
 37
 170


 Criminal Law (Consolidation) (Scotland) Act 1995, S47(1)
 Offensive weapon
 82
 85
 152


 Byelaws for Prohibiting the Consumption of Alcoholic Liquor in Designated Places 1995, B2
 Consuming alcohol in a designated place
 192
 189
 148


 Children and Young Persons (Scotland) Act 1937, S12(1)
 Wilfully ill-treating, neglecting or abandoning a child under 16
 127
 129
 144


 Local Government (Scotland) Act 1973, S201, 202 & 203
 Found to be in possession of an open container containing alcoholic liquor
 18
 38
 138


 Wasting Police Time
 Wasting police time
 90
 104
 136


 Police (Scotland) Act 1967, S41(1)(a)
 Assault
 104
 110
 132


 British Transport Commission Act 1949, S55
 Trespass on railway
 55
 104
 128


 Road Traffic Act 1988, S143(1)&(2)
 Driving without insurance
 72
 76
 125


 Road Vehicles Lighting Regulations 1989, R23(1)
 Parts and accessories
 56
 55
 115


 Licensing (Scotland) Act 1976, S68(3)&(7)
 Acting as agent for person under 18 in purchase of alcohol
 40
 57
 112


 Civic Government (Scotland) Act 1982, S54(1)(c)
 Operating radio etc to annoyance
 58
 79
 104


 Fraud
 Fraud
 87
 130
 102



  Notes:

  1. The information in this table has been extracted from the Crown Office and Procurator Fiscal Service’s Case Management Database. The database is a live, operational database used to manage the processing of reports submitted to procurators fiscal by the police and other reporting agencies.

  2. The table is sorted using the totals for 2004-05.

  3. The table has been limited to those charges with a frequency of at least 100 in financial year 2004-05 (which accounts for 86 per cent of charges dealt with as warnings that year).

  4. In 2004-05, there were a total of 42,059 charge records relating to 36,723 accused persons where the charge was dealt with as a warning. In total there were 954 different charges (i.e. different crimes/offences) where one or more of the charges was dealt with by means of a warning.

  5. Where a piece of legislation is referred to more than once in the table, this indicates that there is more than one offence under the relevant section of the act.

  6. A case may involve more than one accused and/or more than one charge. A case disposed of by the issue of a warning may therefore have involved more than one charge.

Justice

David McLetchie (Edinburgh Pentlands) (Con): To ask the Scottish Executive, further to the information in respect of registration categories in paragraph 1.4 of Registering the Risk: Review of Notification Requirements, Risk Assessment and Risk Management of Sex Offenders , published in October 2005, whether it will (a) specify those police authorities who maintain the lists of "unregistered" and "non-registered" cases and "un-convicted" persons referred to in that paragraph and (b) publish the number of cases and/or persons registered under each of these three categories, broken down by police authority.

Cathy Jamieson: Every Scottish force maintains force-wide intelligence systems and has access to national databases such as the Violent Offender and Sex Offender Register (ViSOR). ViSOR allows forces to share information and will help them to assess and manage the risk posed by sex offenders and individuals, without convictions or a relevant offence, who are demonstrating behaviour that the police deem to pose a significant risk of harm to the public. Access to this information is restricted to law enforcement agencies.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

Margo MacDonald (Lothians) (Ind): To ask the Scottish Executive when the report on commencement of sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 will be published, in light of the Minister for Justice’s statement on 29 September 2005 that it was due "shortly" ( Official Report c. 19663).

Hugh Henry: The final report of the Research Working Group on the Legal Services Market in Scotland, which covers a range of issues including the possible commencement of sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, will be published as soon as possible.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

Mr John Swinney (North Tayside) (SNP): To ask the Scottish Executive what consideration has been given to implementing sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 since 1999.

Hugh Henry: The Executive decided to review this matter in 2003 and referred it to the Research Working Group on the Legal Services Market in Scotland which was established in March 2004. It would not be appropriate to comment on the reasons for non-implementation by previous administrations.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

Mr John Swinney (North Tayside) (SNP): To ask the Scottish Executive what its plans now are for implementing sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

Hugh Henry: We shall consider the case for commencement of sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 on receipt of the report of the Research Working Group on the Legal Services Market in Scotland.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

Mr John Swinney (North Tayside) (SNP): To ask the Scottish Executive what discussions it has had with Her Majesty’s Government in respect of implementing sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

Hugh Henry: We have from time to time consulted the Department of Constitutional Affairs on their experience of implementing the equivalent rights of audience in England and Wales. In addition, the Office of Fair Trading was represented on the Scottish Executive’s Research Working Group on the Legal Services Market in Scotland and has been fully involved in the group’s discussions of this issue. The minutes of the Research Working Group’s meetings are available at:

  http://www.scotland.gov.uk/Topics/Justice/Civil/17822/19316.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

Mr John Swinney (North Tayside) (SNP): To ask the Scottish Executive what discussions it has had with the Law Society of Scotland in respect of implementing sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

Hugh Henry: The Law Society of Scotland is a member of the Scottish Executive’s Research Working Group on the Legal Services Market in Scotland and has been fully involved in the group’s discussions of this issue. The minutes of the Research Working Group’s meetings are available at:

  http://www.scotland.gov.uk/Topics/Justice/Civil/17822/19316.

Mental Health

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive what proportion of convicted sex offenders were recorded as having a mental health problem in each year since 1999.

Cathy Jamieson: This information is not held centrally.

NHS 24

Mrs Margaret Ewing (Moray) (SNP): To ask the Scottish Executive how many offices and establishments under its jurisdiction have in place a process enabling emergency calls to NHS 24 similar to that for Bute House and, where these processes exist, how many calls have been made to NHS 24 since its inception.

Mr Andy Kerr: Bute House is the only Scottish Executive building which has such a process in place supporting access to NHS 24. This reflects the fact that Bute House is the only Scottish Executive building which is categorised as a residence and is used for overnight stays as well as for regular Scottish Executive business.

NHS 24

Mrs Margaret Ewing (Moray) (SNP): To ask the Scottish Executive how many NHS 24 staff have made complaints or reported problems in respect of the running or operating procedures of NHS 24 since its inception.

Mr Andy Kerr: NHS 24 staff are involved in, and informed of service delivery, development and process change within NHS 24 on an on-going basis. The opportunity is always available to provide useful feedback relating to their experience of using systems and procedures to help refine them in the interests of the continuous development of the service for patients.

  NHS 24 is committed to the highest possible standards of openness, honesty and accountability. In line with that commitment the board has a whistleblowing policy which encourages employees and others with serious concerns about any aspect of NHS 24’s work to come forward and voice those concerns. No such representations have been raised under the policy.

NHS 24

Mrs Margaret Ewing (Moray) (SNP): To ask the Scottish Executive how many communications it has had with the Chief Executive of NHS 24 and what topics were raised during those communications.

Mr Andy Kerr: As is the case with all NHS boards, Scottish Executive Health Department officials have regular meetings, conversations and other communications with the Chief Executive of NHS 24 and other board officers. The most recent topics discussed include the progress being made against the recommendations in the Clarke report, the development of its Local Delivery Plan and the improved performance of NHS 24 and its NHS partners over the festive period.

NHS 24

Mrs Margaret Ewing (Moray) (SNP): To ask the Scottish Executive how many NHS 24 call handler staff have not undergone the mandatory three-week training programme since its inception and what the reasons were in each case.

Mr Andy Kerr: All of NHS 24’s call handler staff have undergone the mandatory training programme. In addition, all staff must be assessed and signed-off as competent in their role by a practitioner educator and senior nurse (team leader) before they are allowed to answer calls from patients.

NHS 24

Mrs Margaret Ewing (Moray) (SNP): To ask the Scottish Executive how many routinely monitored calls highlighted the need for further training for NHS 24 staff in each year since the inception of NHS 24.

Mr Andy Kerr: NHS 24 has a robust and thorough quality improvement and performance management programme which secures on-going training and development for all staff.

  All frontline staff are supported by an individual professional development plan, regular call consultation reviews and robust support and supervision from their team leader. All learning, including that from patient comments, complaints and compliments, is fed back both to the individual and into the organisation. This includes examples of best practice that are routinely highlighted by call and consultation review.

NHS 24

Mrs Margaret Ewing (Moray) (SNP): To ask the Scottish Executive what plans it has to create local NHS 24 call centres.

Mr Andy Kerr: There are currently five NHS 24 satellite centres based in Ayr, Dumfries, Dundee, East Kilbride and Inverness which were established towards the end of 2005 and which supported the response to the increased call demand over the traditionally busy festive period. The benefits of having these centres will be evaluated over the coming months.

  The evaluation will help inform the further considerations of NHS 24 and NHS area boards about the need for any further call centre development.

NHS Hospitals

Brian Adam (Aberdeen North) (SNP): To ask the Scottish Executive which hospitals have inadequate changing facilities for staff, requiring staff to change in toilets.

Mr Andy Kerr: The provision of changing facilities is a matter of local policy and no central monitoring is undertaken of the level of such provision. Scottish Health Planning Notes 03 and 04 provide general guidance on the provision of changing facilities recommending that where accommodation is located outwith a department it is necessary to provide a cloakroom, small lockers, showers and WC for staff working within that department.

  More recently Scottish Health Facilities Note 30 has reinforced the need for staff changing facilities in the context of infection prevention and control.

NHS Hospitals

Brian Adam (Aberdeen North) (SNP): To ask the Scottish Executive what guidelines it has issued to hospitals and NHS boards regarding the provision of proper changing facilities for staff to combat the possibilities of cross infection.

Mr Andy Kerr: Scottish Health Facilities Note (SHFN) 30: Infection Control in the Built Environment provides guidance on infection prevention and control in relation to the built environment. This includes guidance on the provision of staff changing facilities.

  The Healthcare Associated Infection (HAI) Task Force commissioned the NHSScotland Property and Environment Forum to review SHFN 30, and revised guidance was issued to all NHS boards in September 2005.

  SHFN 30 should be used in conjunction with the HAI System for the Control of Infection in the Built Environment – a questionnaire that helps to identify and manage infection control hazards in the built environment.

  It is for boards to decide how these guidelines are implemented locally.

NHS Staff

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive what action it is taking to ensure that there are employment opportunities for physiotherapy graduates within NHS Scotland.

Mr Andy Kerr: The planning of the NHS Scotland workforce to deliver a first class health service, that includes junior physiotherapy posts, is primarily a matter for each of the individual health boards in Scotland to determine, depending on the health needs of their local population.

  The number of physiotherapists employed by health boards has been in increasing steadily by 22% since 1997 reflecting service need and additional investment in the health service in Scotland.

  We are currently addressing employment opportunities for all Allied Health Professions (AHPs) in NHS Scotland, which includes junior physiotherapy posts, through a support and development scheme launched last year to assist health boards locally with the recruitment and retention of this part of the health service workforce.

NHS Staff

Derek Brownlee (South of Scotland) (Con): To ask the Scottish Executive, further to the answer to question S2W-21779 by Mr Andy Kerr on 19 January 2006, who will represent the Scottish Executive at the meeting on 31 January 2006 between Her Majesty’s Revenue and Customs, UK Health Departments, the Department for Education and Skills, NHS Employers and the University and Colleges Employers Association to discuss contractual solutions and other potential ways forward in respect of the Court of the University of Glasgow ruling on the form of contract for clinical academic posts.

Mr Andy Kerr: The head of the financial performance management and accounting division of the Health Department Finance Directorate, Jane Davidson, and the technical accounting finance manager responsible for health VAT issues, Lee Shedden, will represent the Scottish Executive at this meeting.

NHS Staff

Derek Brownlee (South of Scotland) (Con): To ask the Scottish Executive, further to the answer to question S2W-21779 by Mr Andy Kerr on 19 January 2006, whether it will fund in full any additional costs which have arisen, or will arise, for either academic institutions or the National Health Service as a result of the Court of the University of Glasgow ruling on the form of contract for clinical academic posts.

Mr Andy Kerr: The decision as to whether additional funding is required will depend on the outcome of the meeting on 31 January 2006 with Her Majesty’s Revenue and Customs, referred to the answer to question S2W-22554 on 30 January 2006. The Scottish Executive hopes that Her Majesty’s Revenue and Customs will accept that the supply of academic staff for NHS research can be zero rated and will not therefore incur any additional expenditure for the NHS.

  Should the outcome of the meeting not prove favourable and require that NHS bodies suffer the VAT consequences the issue of funding will require to be addressed, with possible recourse by Scottish Executive Finance to HM Treasury.

  All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

NHS Staff

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive what involvement ministers will have in the decision on the 2006 pay award for NHS Scotland staff.

Mr Andy Kerr: The process for determining NHS pay awards is that independent pay review bodies covering doctors and dentists (DDRB) and nurses and other health professionals (NOHPRB) receive written and oral evidence from Health Departments, NHS employers, and trades unions and professional organisations. The 2006 pay award for NHS staff across the UK will be determined by ministers, following recommendations from these independent health pay review bodies.

  Scottish ministers, in common with those in England and Wales, submitted recommendations on NHS pay to the independent pay review bodies in the form of both written and oral evidence.

NHS Staff

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive whether it agrees with the Chancellor of the Exchequer’s position that the 2006 pay award for healthcare staff should be in the region of 2%.

Mr Andy Kerr: The Scottish Executive agrees with the Chancellor of the Exchequer’s position that the pay review bodies should base their 2006 pay settlements on the achievement of the Government inflation target of 2%.

Olympic Games

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive what the membership is of the Scottish Steering Group for London 2012; who selected these individuals, and whether there was an opportunity for all parties interested in being a member to apply.

Patricia Ferguson: The Scottish Steering Group for London 2012 comprises senior-level representatives from key national public sector organisations including Scottish Enterprise, VisitScotland, sportscotland, EventScotland, the Scottish Arts Council, COSLA and BBC Scotland, Volunteer Development Scotland, CBI Scotland, Scottish Chambers of Commerce and ADES. These organisations were selected by the Scottish Executive and each was invited to nominate a candidate best placed to make a valuable contribution to the work of the steering group.

Olympic Games

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S2W-21876 by Patricia Ferguson on 12 January 2006, what action it sees as necessary to ensure "that the benefits of London 2012 are spread across the UK", particularly to Scotland, and to avoid the findings of the PricewaterhouseCoopers report that the UK economy outwith London will be £2.8 billion worse off if no action is taken.

Patricia Ferguson: It is the remit of the Scottish Steering Group for London 2012 to ensure that Scotland contributes effectively to and benefits from London 2012 and that these benefits are spread across the whole of Scotland. The Scottish Executive is working with the Scottish Steering Group to achieve this.

People with Disabilities

Elaine Smith (Coatbridge and Chryston) (Lab): To ask the Scottish Executive whether it has any plans to establish a cross-cutting office for disability issues, similar to that recently established by the UK Government.

Malcolm Chisholm: We have no plans to establish an office for disability issues similar to that recently established by the UK Government. The Scottish Executive Equality Unit already co-ordinates cross-cutting activity on disability within the Executive.

Prison Service

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive what the average length of sentence has been of female prisoners in each of the last five years, broken down by age into (a) under 21, (b) 21 to 25, (c) 26 to 30, (d) 31 to 35, (e) 36 to 40, (f) 41 to 45 and (g) 46 and over.

Cathy Jamieson: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  The available information is given in the following table:

  Average Sentence Length in Days of Female Determinate Sentenced Prisoners in Custody on 30 June in Each of the Last Five Years

  

 
 2000
 2001
 2002
 2003
 2004


 Under 21
 627
 532
 345
 436
 501


 21 - 25
 837
 959
 916
 836
 627


 26 - 30
 438
 621
 691
 633
 660


 31 - 35
 913
 553
 832
 744
 835


 36 - 40
 705
 933
 1,109
 1,194
 1,091


 41 - 45
 1,193
 1,106
 1,074
 1,099
 1,455


 46 and over
 1,552
 1,005
 1,317
 1,708
 1,382


 All
 781
 764
 860
 894
 850"

Prison Service

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S2W-21634 by Cathy Jamieson on 16 January 2006, how the level of staff turnover in the Scottish Prison Service has compared with the UK average in each of the last 10 years.

Cathy Jamieson: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  

 
 2001-01
 2001-02
 2002-03
 2003-04
 2004-05


 SPS Turnover %
 4.1
 6.6
 4.4
 4.4
 4.8


 National Turnover 
 26.6
 18.2
 16.1
 16.1
 15.7



  Comparable figures are not available before 2000.

Racial and Religious Hatred Bill

Murdo Fraser (Mid Scotland and Fife) (Con): To ask the Scottish Executive what discussions it has had with Her Majesty’s Government in relation to the impact that the Racial and Religious Hatred Bill may have on Scottish publishers, writers and broadcasters.

Cathy Jamieson: Scottish Executive officials discussed the Racial and Religious Hatred Bill with Home Office counterparts during its preparatory stages. The subject matter of the bill falls within the legislative competence of the Scottish Parliament. The issues raised in the bill had already been examined by the Cross Party Working Group on Religious Hatred. In light of their recommendations and the existing provisions in the Criminal Justice (Scotland) Act 2003, it was decided that there was no need to extend this bill to Scotland.

Rail Network

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive, further to the answer to question S2W-21465 by Tavish Scott on 19 December 2005, how much it will commit to the cost of Phase 2 of the upgrade and refurbishment of Waverley Station.

Tavish Scott: We have made no commitment to support or fund any work beyond the current Phase 1. Funding for future rail projects such as Waverley Phase 2 would be subject to detailed feasibility analysis, the outcome of the Strategic Projects Review and future spending reviews.

  The costs and benefits of any proposal would need to be considered and seen in the context of other transport and economic regeneration projects that might also be looking for funding.

  Transport Scotland has the operational responsibility for this area, and can be contacted for further information if required.

Rail Network

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive, further to the answer to question S2W-21465 by Tavish Scott on 19 December 2005, what options have been considered for Phase 2 of the upgrade and refurbishment of Waverley Station.

Tavish Scott: City of Edinburgh Council and Scottish Enterprise Edinburgh and Lothian (SEEL) are currently working on a number of options to further develop Waverley station beyond Phase 1. Along with Network Rail, we are advising in this process. As yet, no decision has been made about the future of Waverley as this work is at a preliminary stage.

  Transport Scotland has the operational responsibility for this area and can be contacted for further information if required.

Rail Network

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive, further to the answer to question S2W-21465 by Tavish Scott on 19 December 2005, whether it considers that other organisations, such as the City of Edinburgh Council, should contribute to the costs of Phase 2 of the upgrade and refurbishment of Waverley Station and, if so, which organisations.

Tavish Scott: Whilst a number of options are being considered, further work is required and no decisions have been taken on Waverley Phase 2. Therefore, we would not expect any organisations, including our own to commit funding at this early stage.

Rendition Flights

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S2W-21768 by Colin Boyd QC on 13 January 2006, whether it would consider any flight which was found to be involved in the process of "extraordinary rendition" as a civil aircraft.

Colin Boyd QC: The question whether an aircraft is a civil aircraft will depend on the application of domestic and, so far as relevant, international law to the particular facts. The Chicago Convention of 1944 on International Civil Aviation applies only to civil and not to state aircraft, which are described as aircraft used in military, customs and police services. Section 92 of the Civil Aviation Act 1982 defines "military aircraft" as an aircraft of the naval, military or air forces of any country, or any other aircraft in respect of which there is in force a certificate issued by the Secretary of State in accordance with any Order in Council in force under the act that the aircraft is to be treated for the purposes of that Order in Council as a military aircraft. Civil aviation is a reserved matter.

Rendition Flights

Margo MacDonald (Lothians) (Ind): To ask the Scottish Executive whether, under the terms of the Memorandum of Understanding or other means of communication, it has been advised by the Foreign Office that it should now be admitted that an unknown number of rendition flights have used facilities at UK airports but that Her Majesty’s Government will refer to the US Secretary of State’s assurance that such flights are not used to carry prisoners to be tortured in sovereign regimes and, if investigations currently being pursued in other countries indicate that the US Secretary of State has been mistaken, what measures will be instigated in Scotland to prevent any complicity in the illegal transport of prisoners.

Cathy Jamieson: No such advice has been received by the Scottish Executive from the Foreign and Commonwealth Office.

Roads

Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive how much in real terms was spent on building the A9 trunk road from Inverness to Thurso from April 1975 to April 2005, showing also the costs of building the (a) Kessock, (b) Ardullie and (c) Dornoch bridges.

Tavish Scott: Records are not available for most construction work undertaken such a long time ago. The details that are available are shown in the following table. These costs have been adjusted to their 2005 equivalent value.

  Transport Scotland has the operational responsibility for this area and can be contacted for more information if required.

  

 Construction Project
Cost Projected To 2005 Values (£ millions)


 Kessock Bridge
£83.90


 Cromarty Bridge
£19.91


 Dornoch Bridge
£21.79


 Longman to Charlestown
£4.96


 Charlestown to Tore
£19.58


 Tore to Duncanston
£7.72


 Duncanston to Ardullie
£15.81


 Dunbeath
£8.31


 Garrick Bridge to Logie Easter
£6.95


 Helmsdale to Ord of Caithness
£7.00

Roads

Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive how much in real terms was spent on maintaining the A9 trunk road from Inverness to Thurso from April 1975 to April 2005, showing also the costs of maintaining the (a) Kessock, (b) Ardullie and (c) Dornoch bridges.

Tavish Scott: Prior to April 2001 the information requested was not collected by the Scottish Executive, and is therefore unavailable on a route by route basis. From April 2001, to date the cost of maintaining the A9 between Inverness and Thurso was £7,980,042. The costs for maintaining the Kessock, Ardullie and Dornoch bridges was £2,180,572, £114,841, £26,582 respectively.

  It should be noted that these figures do not include cyclic maintenance activities (such as grass cutting) and other lump sum costs which are priced for the North West Unit as a whole.

  Transport Scotland has the operational responsibility for this area, and can be contacted for more information if required.

Roads

Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive how much in real terms was spent on maintaining the A9 trunk road from Brora to Helmsdale from April 1975 to April 2005, showing also the costs of (a) maintaining the carriageway, (b) improving access and (c) providing footpaths.

Tavish Scott: Prior to April 2001 the information requested was not collected by the Scottish Executive, and is therefore unavailable on a route by route basis. From April 2001, to date the cost of maintaining the A9 between Brora and Helmsdale was £303,573. The costs for maintaining the carriageway. improving accesses and providing footpaths was £43,961, £22,381, £3,829 respectively.

  It should be noted that these figures do not include cyclic maintenance activities (such as grass cutting) and other lump sum costs which are priced for the North West Unit as a whole.

  Transport Scotland has the operational responsibility for this area, and can be contacted for more information if required.

Roads

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive, further to the answers to questions S2W-21290 and S2W-21851 by Tavish Scott on 15 December 2005 and 18 January 2006, whether these answers indicate that the only rationale for bypassing Muirhead, Chryston and Moodiesburn with the upgraded A80 is for the practical purpose that the route at these sites does not facilitate online upgrade; if not, whether there are other reasons for bypassing these towns and, if so, what these reasons are.

Tavish Scott: A road to motorway standards can only be provided with a bypass of Muirhead, Chryston and Moodiesburn. The appropriate standards could not be achieved by an online upgrade without significant demolition of property, and major disruption to traffic and public utilities for an extended period.

  Transport Scotland has the operational responsibility for this area, and can be contacted for more information if required.

Skye Bridge

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive, further to the answer to question S2W-21512 by Tavish Scott on 19 December 2005, whether the Permit to Use incorporates the transfer of entitled rights from the Secretary of State to the Skye Bridge concessionaire in order to operate the tolling regime in respect of charging and collecting tolls.

Tavish Scott: No. The assignation of the then Secretary of State’s right to charge and collect tolls was contained in the concession agreement relating to the Skye crossing.

Skye Bridge

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive, further to the answer to question S2W-21513 by Colin Boyd QC on 19 December 2005, in what legal capacity Crown Production 16 was a "relevant document in establishing the legality of the tolling regime" at the Skye Bridge.

Colin Boyd QC: Production number 16 was relevant, as it made clear that the Secretary of State was aware of the existence of the Operations and Maintenance Agreement.

  I also refer to the answer to question S2W-22390 on 30 January 2006. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

Skye Bridge

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive, further to the answer to question S2W-21513 by Colin Boyd QC on 19 December 2005, whether Crown Production 16 in respect of the Skye Bridge was an official document issued by an Executive department and, if so, which department.

Colin Boyd QC: Crown Production 16 was provided to the Crown by Skye Bridge Limited.

Skye Bridge

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive, further to the answer to question S2W-21513 by Colin Boyd QC on 19 December 2005 and if Crown Production 16 was a "relevant document in establishing the legality of the tolling regime" at the Skye Bridge, whether it is satisfied that the convictions secured in the 20 months prior to its production in Dingwall Sheriff Court are safe and, if so, what its reasons are for taking this view.

Colin Boyd QC: I am satisfied that convictions secured prior to the introduction of Crown Production 16 are safe.

  The Appeal Court made clear in their decision of 16 December 1999 that while Production 16 was a relevant document, what was subcontracted under the Operations and Maintenance Agreement was not something for which the Secretary of State’s consent was required.

  The Appeal Court also made clear that while the Crown had seen fit to produce a large amount of documentation including some lengthy documents of a contractual nature, it should not be assumed that this was strictly necessary.

  I also refer to the answer to question S2W-22388 on 30 January 2006. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.